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#271278 - 11/04/04 08:02 PM non-return of paid checks - fees?
1 Peter 5:7 Offline
Diamond Poster
1 Peter 5:7
Joined: Jun 2001
Posts: 1,339
TX
In the Check 21 forum, John Burnett said:
"The last time I looked, NY's version of the UCC had not been updated to allow for non-return of paid checks, and Texas had a provision requiring a certain number of copies per month at no charge ."

Does anyone have a cite? I searched the Code with no success. Thanks!

Ken
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Opinions are mine not my employer's, and should not be taken as legal advice.

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#271279 - 11/04/04 09:15 PM Re: non-return of paid checks - fees?
zaibatsu Offline
Power Poster
Joined: Jun 2001
Posts: 6,153
Business and Commerce Code:

ยง 4.406. CUSTOMER'S DUTY TO DISCOVER AND REPORT
UNAUTHORIZED SIGNATURE OR ALTERATION. (a) A bank that sends or makes available to a customer a statement of account showing payment of items for the account shall either return or make available to the customer the items paid or provide information in the statement of account sufficient to allow the customer reasonably to identify the items paid. The statement of account provides sufficient information if the item is described by item
number, amount, and date of payment. If the bank does not return the items, it shall provide in the statement of account the telephone number that the customer may call to request an item or a legible copy of the items pursuant to Subsection (b).

(b) If the items are not returned to the customer, the
person retaining the items shall either retain the items or, if the items are destroyed, maintain the capacity to furnish legible copies of the items until the expiration of seven years after receipt of the items. A customer may request an item from the bank that paid the item, and that bank must provide in a reasonable time either the item or, if the item has been destroyed or is not otherwise obtainable, a legible copy of the item. A bank shall provide, on request and without charge to the customer, at least two items or a legible copy of the items with respect to each statement of account sent to the customer.
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